Try our Advanced Search for more refined results
Searching dockets in Ryan Ryan Llc x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
Contract: Recovery/Enforcement | Massachusetts
Order on Motion to Amend Order On Motion to Alter Judgment
District Judge Leo T. Sorokin: ORDER entered: re First MOTION to Amend 242 Findings of Fact & Conclusions of Law, Terminate Motions, 243 Judgment, MOTION to Alter Judgment
The plaintiff cites no law (besides a general invocation of Rule 59), nor any evidence from the trial record, supporting his request. See D. Mass. L.R. 7.1(b)(1) (requiring motions to be supported by “a memorandum of reasons, including citation of supporting authorities”); see also Zhou v. Desktop Metal, Inc., --- F.4th ----, 2024 WL 4589490, at *5 (1st Cir. Oct. 28, 2024) (discussing obligation of parties, particularly those represented by counsel, to develop claims and present all relevant arguments in motion papers or risk rejection on basis of procedural waiver). This deficiency is not remedied by the plaintiff’s reference to two pages in his post-trial papers. See Doc. No. 244 at 2 (citing Doc. No. 236 at 10-11). The relevant pages themselves cite no legal authority, and they point to only two sources of factual support, both of which were either not admissible or not credible (or both) for reasons the Court explained previously. See Doc. No. 236 at 10 n.14, 11 n.15 (citing deposition transcript of Mark Virgilio and trial testimony of plaintiff); Doc. No. 242 at 6-10 (explaining trial testimony of witness like Virgilio was properly included in record but deposition excerpt was not, rejecting plaintiff’s expert testimony on topics including defendants’ general sales and accounting practices, and identifying reasons Virgilio and plaintiff were not credible witnesses).
In sum, the plaintiff’s tardy Rule 59 motion (Doc. No. 244 ) is DENIED.
Amend Alter Judgment
First MOTION to Amend 242 Findings of Fact & Conclusions of Law, Terminate Motions, 243 Judgment , MOTION to Alter Judgment ( Responses due by 11/21/2024) by Douglas M Kelly.(Upton, Jeffrey)
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login
Email (NOTE: Free email domains not supported)
First Name
Last Name
Job Title
PLEASE NOTE: A verification email will be sent to your address before you can access your trial.
Password (at least 8 characters required)
Confirm Password
Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Please see our Privacy Policy.